EN
5.12.2022
Official Journal of the European Union
C 463/29
Operative part of the judgment The Court: 1.
Declares that there is no longer any need to adjudicate on the application for annulment of Decision A(2019) 8551 C (D 300153) of the European Parliament of 15 January 2021, in so far as it refused access to the Commission’s final audit report of 29 November 2019, bearing reference ARES 2019 7370050, relating to the audit on the functioning of the management and control systems in place in the Czech Republic for the purpose of preventing conflicts of interests; 2.
Dismisses the action as to the remainder; 3.
Orders Agrofert, a.s. to bear its own costs and to pay those incurred by the Parliament; 4.
Orders the European Commission to bear its own costs.
(1)
OJ C 206, 31.5.2021.
Judgment of the General Court of 12 October 2022 — Shopify v EUIPO — Rossi and Others (Shoppi) (Case T-222/21) (1) (EU trade mark — Cancellation proceedings — EU figurative mark Shoppi — Earlier EU word mark SHOPIFY — Relative ground for refusal — No likelihood of confusion — Article 8(1)(b) and Article 53(1)(a) of Regulation (EC) No 207/2009 (now Article 8(1)(b) and Article 60(1)(a) of Regulation (EU) 2017/1001) — Lack of enhanced distinctiveness of the earlier mark — Agreement on the withdrawal of the United Kingdom from the European Union and from Euratom (Brexit)) (2022/C 463/39) Language of the case: English Parties Applicant: Shopify Inc. (Ottawa, Ontario, Canada) (represented by: S. Völker and M. Pemsel, lawyers) Defendant: European Union Intellectual Property Office (represented by: V. Ruzek, acting as Agent) Other parties to the proceedings before the Board of Appeal of EUIPO, intervening before the General Court: Massimo Carlo Alberto Rossi (Fiano, Italy), Salvatore Vacante, (Berlin, Germany), Shoppi Ltd (London, United Kingdom) (represented by: V. Roth and A. Hogertz, lawyers)
Re: By its action based on Article 263 TFEU, the applicant seeks annulment of the decision of the Second Board of Appeal of the European Union Intellectual Property Office (EUIPO) of 18 February 2021 (Case R 785/2020-2).
Operative part of the judgment The Court: 1.
Dismisses the action; 2.
Orders Shopify Inc. to pay the costs.
(1)
OJ C 228, 14.6.2021.